492 VETERINARY JURISPRUDENCE IN SCOTLAND. 
of considerable standing, although he cannot specify the 
time; and that a growth caused by acute inflammation would 
exhibit symptoms of inflammation on dissection. Finds that 
Henderson states, that a tumour of the consistency described 
would take two months, or at least six weeks, to form. Finds 
it thus established, that the disease of which the horse died, 
was contracted prior to the sale. Finch it admitted, that next 
day the advocator was informed of the horse, and asked to come 
and inspect the intestines, which had been preserved for that pur¬ 
pose, which he declined . Finds, that till the post-mortem exami¬ 
nation , it could not he ascertained that there had been unsound¬ 
ness at the time of the sale, as all the symptoms might have 
existed, and the death might have proceeded from a supervening 
disease , subsequent to the sale; and', therefore, finds that there 
was no undue delay in intimating the claim under the warrandice , 
as it was done as soon as the latent defect was discovered on 
inspection , and, therefore, as soon as the respondent knew that he 
had right to go against the advocator . Advocates the cause. 
Decerns for 301., as the price of the horse, with interest from 
the 16th of December, 1829, and till paid, together with the 
expenses as decerned for by the Sheriff. 
The other case we shall mention is that of Fisher v. Joyce, 
as reported in ‘The Veterinarian/ vol. xiii. No. 146, 
Feb. 1840; tried before Mr. Justice Coleridge and a jury, 
the facts of which are :—The plaintiff, a horse-dealer, buys a 
horse of another dealer, keeps it a short time, and then sells 
it to Mr. Kent, a veterinary surgeon, residing at Bristol. Mr. 
Kent keeps the horse about three weeks, and likes it; he puts 
it to no kind of hard work; but, after the expiration of those 
three weeks, the horse becomes suddenly ill, and dies. Mr. 
Kent examines him, and finds the lungs very extensively he- 
patised and tuberculated : a portion of the lung had attained 
a perfectly scirrhous state. His experience in the diseases of 
horses tells him, that a disease of three weeks 5 standing could 
not have produced hepatisation and tubercles; nor could such 
lesions have been formed in the course of the three weeks that 
had elapsed since he purchased the horse. He comes to the 
conclusion that the animal had diseased lungs at the time of 
sale, and he writes to the seller, and demands a return of the 
purchase-money. It is sent to him. The horse-dealer then 
makes of his brother dealer the same demand; he, however, 
does not part with his money so readily; he refuses to re¬ 
fund ; and this action is brought. The question then is— 
What time does it require to form these peculiar lesions in 
the respiratory apparatus of the horse? or could he, with 
hepatised and tuberculated lungs, perform the labour usually 
